Florida law allows several forms of deeds to transfer real property. Some examples include warranty deeds and fee simple deeds.
One document, the quitclaim deed, transfers real property without providing any covenants or warranties on the property title. The grantee, or person receiving the property, does not get any warranties or promises that there are no claims or liens on the property.
Quitclaim deeds are often used to transfer property between family members or to move property into a trust. To quickly transfer real property in Florida, use a valid Florida quitclaim deed form that meets state requirements.
Florida Quitclaim Deed Laws and Requirements
Under Florida law, a quitclaim deed must contain a legal description of the property, meet specific signing and acknowledgment requirements, and be witnessed by two people.
You must record the deed and pay a recording fee and a transfer tax, called a documentary stamp tax.
Laws
Chapter 689 and Chapter 695 of the Florida Statutes contain most of the laws governing a deed of property in Florida.
Legal Description
The legal description of the property is not the same as the property’s mailing address.
Use the property’s legal description which includes the street address, property boundaries, physical description and the appraiser’s parcel identification number (PIN).
In Florida, the appropriate County Clerk or Assessor may provide legal descriptions or you can refer to previous deeds.
Signing
Florida Statutes Section 689.01 requires a quitclaim deed to be signed by the grantor, the person transferring the property. Without the grantor’s signature, the deed is invalid.
Acknowledgments
A deed must be acknowledged according to Florida Statutes Section 695.03. The acknowledgment must be made before a notary public or certain other public officials.
Terminology
Although Florida law provides that warranty deeds require specific language, Florida law does not contain any requirements for specific language for quitclaim deeds.
Transfer Tax
In Florida, transfer taxes are due for property transferred using a quitclaim deed. This tax is called a documentary stamp tax. In most counties, the tax rate is $0.70 per $100 of the total consideration paid. For Miami-Dade County, the tax rate differs depending on the residence type.
Additional Documents
No requirement for additional documents exists for a Florida quitclaim deed form.
Witnesses
Two witnesses must be present to witness the grantor’s signature on a Florida quitclaim deed for it to be valid under Florida Statutes Section 689.01.
The witnesses must be unrelated to the transaction and must sign the deed.
Recording
The best way to protect the transferee’s property rights is to record a quitclaim deed in the county where the property is located. Recording a deed helps protect the grantee’s title against other claims to the property.
In Florida, the Clerk of County Courts records deeds, and each county may have its recording requirements, such as requiring a self-addressed stamped envelope and a Property Transfer Information form to be submitted with the deed.
Here is an example of the form for Miami-Dade County. When recording a document, you will need to pay a recording fee in most counties, such as Palm Beach County.
How to Write & File a Quitclaim Deed in Florida
Follow the steps below to write and file a quitclaim deed in Florida.
Step 1 – Obtain Quitclaim Deed Form
Download the Florida quitclaim deed or use our builder as a template to write in your details.
Step 2 – Enter Preparer’s Information
Leave the space at the top blank for use by the county recorder’s office. Below this space, write the name and address of the person preparing the deed.
Then, enter the name and address of the person to whom the deed will be mailed after it is processed. This is typically the buyer (grantee).
Step 3 – Write Grantor and Grantee Details
Enter the name and address of the seller (grantor), and select the type whether an individual, married couple or legal entity.
Similarly, list the same details for the buyer (grantee).
Step 4 – Enter Property Details
Enter the amount paid for the property, if any, and fill in the county where the property is located. Write down a legal description of the property.
This will include the boundaries, street address, and a physical description. Finally, check the appropriate option based on the property’s ownership type and whether the property is a homestead.
Step 5 – Note Transfer Tax Amount
Write in the details of the transfer tax (documentary stamp tax), or check the second option if no transfer tax is owed.
Step 6 – Get Quitclaim Deed Notarized
The grantor must sign the document in the presence of a notary public. Both witnesses must sign and print their names. The template has a section for the notary on the last page.
If the seller has a spouse who is not one of the grantors, they must complete the “release of dower” section.
Step 7 – Record Your Florida Quitclaim Deed
The last step is to record the document with the County Recorder’s Office in the county where the property is located. Pay any appropriate filing fees. Check with the county to see if a self-addressed stamped envelope is required, as some counties require this with their quitclaim deeds in Florida.
Sample Florida Quitclaim Deed
Below is an example of what a Florida quitclaim deed looks like.